Earned Wage Access Consumer Protection Act
This bill addresses the regulation of earned wage access products. Earned wage access products provide consumers with access to their earned wages before their scheduled pay day.
The bill specifies that earned wage access products are not subject to regulation under the Truth in Lending Act (TILA). TILA requires consumer credit products to disclose borrowing costs, finance charges, and the total cost of the loan.
Under the bill, providers of earned wage access products
Providers must inform consumers of their rights under an agreement for an earned wage access product and disclose all associated fees before the consumer enters into an agreement. Providers must also inform consumers how to obtain earned wages without paying a fee or tip in a clear and conspicuous manner.
Providers are prohibited from sharing fees or tips with the consumer’s employer. The bill also limits the form of payment providers may accept from consumers and limits certain additional fees for failure to pay.
A provider may not set a default tip at an amount greater than $0 for such services.